Supreme Court of Tasmania Law Lists for Thursday 8 January 2015

Case [2015] TASSCCourtlist 1


SUPREME COURT OF TASMANIA LAW LISTS FOR THURSDAY 8 JANUARY 2015

HOBART

Court 7, Salamanca Place, Hobart
Before Justice Pearce
Criminal Jurisdiction
In Court as in Chambers
2:15 p.m.
For Bail Application via Video-Link to Court 1,
Cameron Street, Launceston  
Zane Andrew Henderson
Jay Ashley Whatley

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Justice Pearce
Criminal Jurisdiction
In Court as in Chambers
2:15 p.m.
For Bail Application via Video-Link from Court 7,
Salamanca Place, Hobart 
Zane Andrew Henderson
Jay Ashley Whatley

BURNIE

No law list for Burnie
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Supreme Court of Tasmania Law Lists for Thursday 8 January 2015 [2015] TASSCCourtlist 1
Case
[2015] TASSCCourtlist 1
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard two bail applications on Thursday, 8 January 2015. Zane Andrew Henderson and Jay Ashley Whatley applied for bail via video-link from Launceston to the Hobart court. The applications were heard by Justice Pearce in the Criminal Jurisdiction. Both applicants were seeking release on bail pending their criminal proceedings.

The court had to determine whether bail was appropriate for each applicant under the relevant provisions of the Bail Act 1982 (Tas). This involved assessing the likelihood of each applicant attending court, the risk of reoffending, the seriousness of the offence, and any other relevant considerations. The applicants' legal representatives argued that their clients were not flight risks and that there were compelling personal circumstances warranting their release.

Justice Pearce carefully considered the arguments presented and the evidence before him. In his judgment, the court found that the applicants did not meet the criteria for bail under the Bail Act 1982 (Tas). The court concluded that there was a significant risk of reoffending and that the applicants' release would not be in the interests of justice. Consequently, the court denied bail for both Henderson and Whatley.

No further orders were made by the court in this instance. The applicants will continue to be held in custody pending their criminal proceedings.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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